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  • FIRST POST
    • Trepidgiraffe
    • By Trepidgiraffe 20th Jan 17, 8:47 PM
    • 9Posts
    • 7Thanks
    Trepidgiraffe
    Not your usual PCN, Excel Parking
    • #1
    • 20th Jan 17, 8:47 PM
    Not your usual PCN, Excel Parking 20th Jan 17 at 8:47 PM
    Hello.

    I have read the newbies thread but cannot find anything similar to the circumstances that I will describe below.

    My partners car was stationary in a car park on 06/01/2017. There is a fee payable of 50p for 1 hours parking. The car park is not covered by ANPR cameras.

    The driver of the car went to the machine, there was a queue, and when it became their turn they realised they didn't have the correct change for it, and returned to the car. The car left. The Reg keeper wasn't driving.

    When they got back to the car, a plastic envelope with a piece of printed cardboard was inside with the name 'MyParkingCharge.co.uk' on. See the. image below

    It has a serial number on it and a date only, hand written. It has no offence date, time, day, location, penalty details, appeal details or registration number of the car. As far as I can see, reading the rules - PoFA 2012, this appears to be an invalid Notice to Driver (NTD)

    The date on this card was 06/01/2017. The card directs the driver to visit the site. The site wasn't visited at the time, as the mere look of the card made the driver think the card was a 'prank'.

    On 19/01/2017 my partner as the Reg Keeper, received a Notice to Keeper (NTK) letter from Excel Parking. This has all the day, date, time, location car registration and contravention details. The issue date of the NTK is 13/01/2017, but was only received on 19/01/2017. A key point here is the NTK was issued 7 days after the purported NTD. Clearly something is wrong with this, as I understand the NTK should not be issued until after 14 days at least, and in the case of a NTD between 29 and 56 days. It appears that DVLA have been contacted very very early to get the keeper details.

    The NTK doesn't mention PoFA act. It states the appeal services is IAS, and Excel are a member of the International Parking Community - IPC.

    The NTK has no ANPR information or pictures of the car or contravention, and states the driver is liable for the charge.

    The NTK states the charge is 100, reduced to 60 if paid within 14 days.

    I am composing an email to DVLA for the intentional abuse of the PoFA rules Excel and the DVLAs breach.

    As the NTD is flawed (in my opinion) approaching DVLA is improper and the issuing of the NTK within 28 days means the Reg Keeper is not liable, only the driver, who has not been identified.

    Today, I visited the myparkingcharge website. The page has 8 pictures of the car parked between 17:13:58 and 17:25, and dated 6/01/2017. There is a blurry picture of a sign.

    The page also has 3 button inviting you to pay the charge, appeal the charge and provide 3rd party information. I have declined all offers.

    Any thought for suggestion on how to proceed would be gratefully received.


    (As a new users I cannot post links to the documents recd. I do have sanitised copies available)
Page 2
    • Fruitcake
    • By Fruitcake 21st Nov 18, 5:48 PM
    • 39,606 Posts
    • 88,347 Thanks
    Fruitcake
    I've been in a Waitrose recently controlled by Britannia. I've not been fined but was curious about their really poor sign.


    https://pasteboard.co/HNmwuIj.jpg


    It's not in a lit area and impossible to read the small print before parked in the car park. There is no mention of the "parking contract" on the sign and the link to their website that they give, also has no indication of this "parking contract".


    The sign doesn't even state you have to use Waitrose, so you can essentially use the Waitrose car park for 2 hours and never set foot in their store.



    Their site itself is a breach of GPDR because it admits it uses and saves cookies but gives no option to reject those cookies.


    Having parked in their carpark recently, I'm tempted to do a SAR request or a right to erasure request to ask them to remove my number plate from their system.
    Originally posted by steviebuk
    Why have you posted on someone else's thread that is over a year old about a completely different site and completely different PPC?
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • steviebuk
    • By steviebuk 23rd Nov 18, 1:04 PM
    • 92 Posts
    • 29 Thanks
    steviebuk
    Because I'm 99% sure I posted this on another thread but then when I looked back the next day it appeared to have been moved to this thread.
    • Trepidgiraffe
    • By Trepidgiraffe 16th May 19, 9:10 PM
    • 9 Posts
    • 7 Thanks
    Trepidgiraffe
    To resurrect this thread for its original content and original poster. Excel have now issued a claim form (N1) to the registered keeper.

    Anyone have any recent experience to share on whether it should be defended ?
    • Redx
    • By Redx 16th May 19, 9:19 PM
    • 22,461 Posts
    • 28,483 Thanks
    Redx
    plenty of EXCEL & VCS court case threads on here, just read a few , because anyone tied up in one is dealing with their opwn case, not reading all the other threads of a similar nature (so may not even read your thread, let alone reply)

    nobody can tell you the chances on winning or losing , a good defence may well win, even if its on a technicality

    as you now have an N1 form, if you are defending it , do the AOS online , plus send EXCEL a SAR to their DPO by email with a scan or pic of the V5C as proof of ID, and start drafting your defence and post the draft below for critique

    and post the ISSUE DATE from the top right of the form below as well
    Last edited by Redx; 17-05-2019 at 8:14 AM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 17th May 19, 12:05 AM
    • 72,324 Posts
    • 84,631 Thanks
    Coupon-mad
    To resurrect this thread for its original content and original poster. Excel have now issued a claim form (N1) to the registered keeper.

    Anyone have any recent experience to share on whether it should be defended ?
    Originally posted by Trepidgiraffe
    Of course, always.

    Read other Excel defence threads. Did they issue is themselves (Simon R-S?)

    Also, which car park was this at, and was it only for a few minutes without a permit, or without paying a tariff?

    Quote to us the Particulars of Claim from the left, and total claim sum, bottom right, and the issued date (top right).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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